BCDA asks Baguio RTC to confirm final arbitration over Camp John Hay

The Bases Conversion and Development Authority (BCDA) is asking a Baguio City court to confirm the arbitral tribunal's final award that ordered CJH Development Corp. (CJHDevCo) to vacate Camp John Hay.

 

"BCDA respectfully prays for the confirmation of the Final Award dated February 11, 2015 in Philippine Dispute Resolution Center Inc... and the issuance of a writ of execution commanding the sheriff of the honorable court to enforce the final award," BCDA said in its verified petition filed before Branch 6 of Baguio City Regional Trial Court on March 13.

 

Under Republic Act 876 or the Arbitration Law, an arbitration award must be confirmed by the court.

 

In a February 11, 2015 decision, the arbitration committee ordered CJHDevCo to vacate Camp John Hay and return the property to the government.

 

BCDA was ordered to return to CJHDevCo the rentals it had paid in the amount of P1.42 billion. 

 

Baguio City Rep. Nicasio Aliping Jr. is also looking into claiming Baguio's share in the amount of P850 million from the P1.42 billion, as it is entitled to 25 percent of the lease payments by CJHDevCo.

 

The BCDA is asking the court to "issue a writ of execution, commanding the sheriff of the honorable court to, among other things, demand CJHDevCo and all persons claiming rights under it to peaceably vacate and promptly deliver the leased property, together with all new constructions and permanent improvements introduced during the term of the lease, to BCDA in good and tenantable condition in all respects, within three working days from demand, and to restore possession of the leased property, inclusive of all such new constructions and permanent improvements, to BCDA."

 

The state-run BCDA is also wants the court to deny CJHDevCo's request to appoint a commissioner "for lack of basis."

 

According to CJHDevCo's petition, the court should "to appoint a commissioner to oversee and supervise the peaceful turnover of the leased property to BCDA in order to avoid untoward incidents and to ensure the safety of the public and other stakeholders."

 

On March 6, CJHDevCo filed for a judicial confirmation before the Baguio RTC, according to the BCDA.

 

"We are basically asking for the same thing... except that CJHDevCo wants it qualified by excluding the developments allegedly because they've already leased it to third parties," BCDA head for legal services Peter Paul Andrew Flores told GMA News Online. 

He said the final award is "clear and unqualified" that the property must be returned with all improvements in tenantable condition to the government.

 

In a statement Monday, the BCDA said CJHDevCo is "liable to the sub-lessees, sub-locators and buyers they have signed contracts with and just cannot turn their backs on them."

 

“Contrary to what the CJHDevCo has claimed, the BCDA is not privy to the contracts so how could the BCDA honor it,” Flores said.

 

In 2011, CJHDevCo refused the request of BCDA's John Hay Management Corp. for copies of all contracts and other relevant documents, BCDA noted. 

 

BCDA president and CEO Arnel Paciano Casanova has advised the buyers, locators and sub-lessees to seek legal counsel to ensure that their rights and interests will be protected. – VS, GMA News